Article 22(2) - nearest magistrate

good question.

The nearest megistrate is the megistrate for the Thana area in which the convict is apprehanded.

a police officer authorized to make arrest without warrent such person can arrested at any place in India.  As per Sec,.57 of Cr.P.C the Accused person shall not be in the police custody beyond 24 hours except upon the permission of the court under sec.167 CrPC,  however, the time taken in the journey shall be excluded.  so the nearest magistrate shall be Jaipur but not Delhi, as the magistrate at Delhi lacks Jursdiction.

If the police are not possible to travel to jurisdictional magistrate within 24 hours, they can produce the accused before the nearest (local) magistrate and can get remand order till they reach the jurisdictional magistrate.

That is what normally being done.

delhi magistrate

mr lsman rao why it should not be delhi magistrate?

Mr N. Ramesh Version is correct. When a accused  other than locla limits of Magistrate the police officer should prooduce the accused before local Magistrate and would get transit warrent to produce original jurisdiction magistrarte

thanks

K.V.S.S PRABHAKAR RAO

ADVOCATE

RAJAHMUNDRY ( A.P)

In interpreting especially the Fundamental Rights, the powers are narrow, rights are broad. Delegated powers are to be interpreted as strictly as possible, consistent with the words, and rights as broadly as possible, with the presumption in favor of the right, and the burden of proof on those claiming a power. In cases of doubt, the presumption is not in favor of a power.

The accused will be produced before the magistrate of the place from where accused is arrested. Constitution is an instrument to put limitations on power of government, it is not about putting limitations on rights of citizens. Since it is a fundamental right to be produced before magistrate within 24 hours, the magistrate that can be reached earliest(the local magistrate where the arrest has taken place) is to be approached. If police claims to take the accused to magistrate far away that will take more time, then burden to justify it lies on the police. Why the accussed should not be produced before the local magistrate of the jurisdiction from where he is arrested? Hence it is clear that Police should produce the accused at the local magistrate under whose jurisdiction the accussed is arrested and get remand order till they reach the jurisdictional magistrate.